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HIGH COURT OF CALCUTTA
Ajit Kumar Sen Gupta, J.
Re: In the Goods of Nisha Sinha.
Matter no. 51 of 1984
Decided On : March 31, 1987.
BANKING - Joint Account - Survivorship Rights - Probate Court Jurisdiction - Interpretation of Legal Provisions and Principles
Fact of the Case:
A Caveator filed an application seeking an injunction to restrain the sole legatee of an Impugned will from claiming the proceeds of a joint bank account held in the name of the deceased and the legatee. The deceased, a spinster, had opened the joint account with the legatee, who was her attendant during the last phase of her life. The Caveator claimed that the entire amount in the account belonged to the deceased and that the legatee was a trustee for the estate. The legatee contended that she was entitled to the balance of the account as the survivor and that the Probate Court lacked jurisdiction to determine the ownership of the account.
Finding of the Court:
The Court held that the survivor of a joint bank account is legally entitled to the balance standing at the credit of the account upon the death of the other depositor. This right is based on the law of devolution between joint owners and the custom of bankers. The Court further held that the Probate Court's jurisdiction is limited to determining the validity of a will and the appointment of a personal representative. It cannot decide issues related to the title of the testator to the property dealt with in the will or the validity of the bequests made.
Issues: 1. Whether the survivor of a joint bank account is entitled to the balance of the account upon the death of the other depositor. 2. Whether the Probate Court has jurisdiction to determine the ownership of a joint bank account.
Ratio Decidendi: 1. The Court relied on the principles of joint ownership and the custom of bankers to hold that the survivor of a joint bank account is legally entitled to the balance of the account upon the death of the other depositor. 2. The Court relied on the limited jurisdiction of the Probate Court, which is confined to determining the validity of a will and the appointment of a personal representative, to hold that it cannot decide issues related to the title of the testator to the property dealt with in the will or the validity of the bequests made.
Final Decision: The Court rejected the Caveator's application for an injunction, holding that the legatee was entitled to the balance of the joint bank account as the survivor and that the Probate Court lacked jurisdiction to determine the ownership of the account.
This application raises an interesting question as to whether a Caveator can ask for an injunction restraining a person who happens to be the sole legatee of an Impugned will from claiming the proceeds of the joint account held in the name of the deceased and the said legatee.
2. The facts leading to this application are briefly stated thereafter
3. One Smt. Nisha Sinha, a Hindu lady governed by Dayabhaga School of Hindu Law was a spinster who died on 29th September, 1983 leaving her last will dated 6th September, 1982 appointing Kamal Mitra, an Advocate and his nephew Sabyasachl Mitra as the Executors of the said will The said Smt. Nisha Sinha died leaving behind her applicant Narendre Nath Sinha the sole surviving brother of the said deceased; one Smt. Sabita Sinha widow of her predeceased brother Santosh Kumar Sinha and several nephews by her predeceased sister Sm. Renuka Mitra as the heir, heiresses and legal representatives in accordance with the previsions of the Hindu Succession Act.
4. The said Kamal Mitra and Sabyasachl Mitra claiming to be the Executors of the said will applied for grant of Probate of the said will left by Smt. Nisha Sinha.
5. On the application filed by the Caveators including the present applicant, C.K. Banerjl, J. by his order dated 7th May, 1985 directed the application filed by the said Executors for Probate to be set down and marked as contentious cause.
6. In the present application applicant has in his written statement challenged the will in respect of which probate his been applied for, inter alia, on tie ground that the will was not made of free mind and agency of the maker of the will but bas been caused by fraud and coercion practised by the propounder Kamal Mitra who at the material time, had the full control and dominion over the maker of the will standing in fiduciary relationship of Advocate and client The sole legatee of the said will Smt. Mamata Ghosh was an attendant of said Smt. Nisha Sinha for the last 4 years of her life.
7. The case of the petitioner in this application is that the said deceased Nisha Sinha during her life time opened with her own fund a Bank Account with Central Bank of India, Shyambazar Branch, Calcutta being Account No. 4019 in the joint name of herself and the said Smt. Mamata Ghosh It wall not included in the affidavit or assets filed by the Executors The said deceased had also invested the said money lying in the said account from time to time in fixed term deposit Taking advantage of the fact that the fixed term deposit with the Central Bank of India, Shyambazar Branch, Calcutta standing in the joint names of the deceased Nisha Sinha and the said Smt. Mamata Ghosh, the plaintiff Kumal Mitra has been trying to get the money withdrawn from the said fixed deposit upon maturity for his appropriation. If the said Kamal Mitra and the said Mamata Ghosh are allowed to withdraw the said fixed deposit irreparable loss and injury would be caused to the estate of the said deceased Nisha Sinha in respect of which the suit is pending for grant of Probate of purported will.
8. In the premises the Caveator Narendra Nath Sinha has made this application, inter alia, praying for an injunction restraining Kamal Mitra and Smt. Mamata Ghosh from withdrawing the monies lying in the fixed deposit with the Central Bank of India, Shyambazar Branch, Calcutta star ding in the joint names of Nisha Sinha and the said Mamata Ghosh till the disposal of the suit.
This application is opposed Affidavits have been filed on behalf of said Smt. Mamata Ghosh as well as on behalf of the said Kamal Mitra. The allegations concerning them have been denied.
The case of the said Smt. Mamata Ghosh is that she is the sole legatee of the will left by the deceased She was employed with Krishna Chandra Dutta Cookme Dutta) Pvt. Ltd At the request of the said deceased she left the job and pursued her studies and graduated in 1979 She also obtained certificate with distinction in Music from an Institut
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